HOUSTON MOTOR COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
SARAH J. MERCER, JOINED BY HER HUSBAND, J. W. MERCER, DEFENDANT IN ERROR
HOUSTON MOTOR COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
SARAH J. MERCER, JOINED BY HER HUSBAND, J. W. MERCER, DEFENDANT IN ERROR
103 Fla. 791
Florida Supreme Court (1931)
Positive Treatment
Also reported at: 137 So. 801
Cited by 9 cases
Opinion of the Court
This cause having heretofore been submitted to the Court upon the transcript of the record of the judgment herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said judgment; it is, therefore, considered, ordered and adjudged by the Court that the said judgment of the Circuit Court be and the same is hereby affirmed.
Whitfield, P.J., and Terrell and Davis, J.J., concur.
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Becker v. King, 307 So. 2d 855 (Fla. 4th DCA 1975)…8.29, F.S. . Section 28.13, F.S. . Section 28.212, F.S. . See R.Cr.P. Rule 3.670, relating to judgments of criminal conviction or acquittal, and F.A.R. Rule 3.1, relating to appeals. . Ellis v. State supra; Tilton v. Horton (1931), 103 Fla. 497, 137 So. 801, reh. den., 139 So. 142; State ex rel. Watt & Sinclair v. Bird (1937), 128 Fla. 552, 175 So. 858. . See generally 19 Fla.Jur., page 77, Judgments and Decrees, sec. 47, et seq. . Although it is better practice to give parties notice and opportunity…
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Fla. Real Est. Comm'n v. Harris, 134 So. 2d 785 (Fla. 1961)…ive in the second suit as to every question that was presented or might have been on the pleadings presented and determined in the first suit. Prall v. Prall, 1909, 58 Fla. 496, 50 So. 867, 26 L.R.A., N.S., 577; Tilton v. Horton, 1931, 103 Fla. 497, 137 So. 801, 1932, 139 So. 142. . Codomo v. Shaw, Fla.1958, 99 So. 2d 849. . State of Florida v. Furen, Fla.1960, 118 So. 2d 6. . Article V, Section 5(3), Constitution of the State of Florida, F.S.A.; Rule 2.2 (4), Florida Appellate Rules 31 F.S.A. . Articl…
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Richard Rice and wife v. Fred White and wife, 147 So. 2d 204 (Fla. 1st DCA 1962)…ncery—especially one dismissing’ a bill of complaint, and stated to be without prejudice to a party—is, as to such party, the same as no decree, and will not support a plea of res adjudicata.” To the same effect, see Tilton v. Horton, 103 Fla. 497, 137 So. 801, 139 So. 142 (1932). Our independent, exhaustive search of the authorities in other jurisdictions has uncovered three cases decided during the 19th century and involving a factual situation analogous to that presented in this appeal: Bennett v. Par…
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